Civil

The house property is on the name of the mother in law by a registered deed, hence she becomes the absolute owner of the property. If your husband had funded for the construction or loan for the property, he can claim the return of the amount invested based on the documentary evidence he possess provided it is within the time limit of three years. 

Very well analysed, opined and advised by learned expert Mr. T Kalaiselvan, which I endorse and appreciate his acumen.

Being absolute title holder (owner) of the mother-in-law may or may not allow her son & daughter-in-law to use the property. She cannot be compelled even if her son has contributed in its purchase/ construction / maintenance.

We need legal guidance regarding a family property dispute currently pending before the Senior Citizen Tribunal and Civil Court in Chennai, Tamil Nadu.My husband is the elder son and has been residing along with me, our two children, and his parents in a residential property situated at Selaiyur, Chennai. The property was purchased in 2018 and the sale deed stands solely in the mother’s name.However, my husband contends that the major financial contribution towards the purchase and development of the property was made by him. The approximate property value at the time of purchase was ₹26.8 lakhs. Out of this, around ₹20 lakhs was allegedly arranged through housing finance loans and personal loans obtained by my husband, while the remaining amount was contributed from the parents’ accounts, including insurance compensation received following the unfortunate demise of the younger son.Further, my husband states that he alone has been continuously paying,Housing loan EMIs,
Construction expenses,Electricity charges,Property taxes,Maintenance expenses,
Household expenditures for the entire family,Medical and health insurance support for his parents.The family has been in continuous possession and occupation of the property since purchase and construction.

Due to ongoing family disputes during the last four years, the mother, who is a senior citizen who has given a domestic violation by hittting me abusing worbely have video evidence of hitting and scolding, allegedly started threatening to evict my husband, me, our children, and even the father-in-law from the property. It is further alleged that she intends to sell the property to third parties despite the outstanding loan liabilities still being repaid by my husband. According to the family dispute, she has also expressed an intention to separately reside using the sale proceeds and fixed-deposit interest income.

Subsequently, proceedings were initiated before the Senior Citizen Tribunal by the mother. In response, a civil suit for permanent injunction has already been filed before the District Munsif Court seeking:

Restraining the defendant/mother from evicting the plaintiffs except through due process of law;
Restraining the defendant from selling, alienating, or encumbering the property to third parties pending adjudication of rights.

Queries for legal guidance:

Can my husband establish any beneficial ownership, equitable interest, possessory right, or enforceable financial claim over the property despite the title standing solely in the mother’s name, based on:
Loan repayment records,
Bank statements,
Construction expenses,
EMI payments,
Long possession and contribution towards family maintenance?
Is there any effective legal remedy available to prevent or stay the proposed sale of the property pending disposal of the civil dispute?Would filing an application for temporary injunction/interim stay against alienation be sufficient in such circumstances?
Can the father-in-law independently file any petition or objection under the Senior Citizens Act or before the civil court opposing unilateral sale of the family residence by the mother?In practical legal experience, how do courts generally view such disputes involving:
Property purchased in parents’ names,Financial contribution by children,Senior citizen eviction proceedings,Claims of beneficial ownership without registered title?We would appreciate guidance from advocates experienced in property law, injunction matters, senior citizen tribunal proceedings, and family civil disputes in Tamil Nadu.

"House is in the name of mother in law husband pays loan." Whose husband? 

Facts posted are confusing and disjointed. Susequent posting only adds to the confusion.

Please repost in simple language

@ Kalapna Dora, 

The family property dispute(s) is/are stated to be pending before Maintenance of Parents and Senior Citizens Tribunal as well as Civil Courts Chhenai, which must have been represented on your behalf by some able, competent and intelligent lawyer(s), isn't it? Besides this, such lawyer(s) is/ are  well aware about the facts and circumstances of the case(s).

Moreover, the lawyer(s) have purposely been engaged/ paid by you who are duty bound to satisfy his/her/ their client, isn't it? What is your lawyer(s) opinion and advise on the long list of queries/questions posted herein above except the fact that it is available free of cost on this platform ?

The subsequent post is too lengthy hence you may better contact an advocate from this forum privately or an advocate outside this forum and get all your doubts clarified personally.

Is mother in law has got any independent income at the time of purchasing the house, if not it is to be known that who purchased the house in her name ?

Whose husband pays EMI. Please explain.

If you are not satisfied with the lawyer(s) engaged by you it is better to replace him/her immediately for proper guidance and necessary proceeding on the basis of facts and circustances of the case(s).

However, any opinion formed by experts on this platform on the basis of limited and one sided facts may not be proper to oblige.